How do I know if my unit has asbestos?

Older buildings (built before 1980) may contain asbestos. Ask your landlord about inspections or hire accredited professionals for testing. Visible damage to insulation, ceiling tiles, or pipe wrapping could be signs.

Can I withhold rent if my landlord refuses to fix asbestos issues?

No, New Hampshire law does not allow rent withholding without court approval for repairs. Instead, follow proper complaint procedures and seek court or health department intervention if necessary.

Who do I report asbestos hazards to if my landlord ignores my request?

Report concerns to your local health officer or the New Hampshire Department of Environmental Services. If unresolved, you can bring a case to the New Hampshire Circuit Court — Landlord and Tenant Division.

Is my landlord required to notify me if asbestos is present?

Landlords must notify tenants before renovations that may disturb asbestos, but there is no general state requirement to disclose known asbestos unless it is a hazard.

What are the health risks of living with damaged asbestos?

Exposure to disturbed asbestos fibers can increase risks of lung disease, cancer, and other serious respiratory problems. Prompt action and remediation are important for your safety.

New Hampshire Renters: Your Rights with Asbestos in Older Buildings

Health & Safety Standards New Hampshire published June 21, 2025

Renting an older home or apartment in New Hampshire comes with unique concerns, especially regarding hazardous materials like asbestos. It's important for tenants to understand their rights and options if they suspect asbestos may be present in their rental unit, and how state law protects health and safety.

What Is Asbestos, and Why Is It a Concern for Renters?

Asbestos is a mineral once widely used in building materials, especially before the 1980s. Inhaling asbestos fibers can cause serious health issues, such as lung cancer and asbestosis. Many older apartments and homes in New Hampshire may still contain asbestos in insulation, floor tiles, or pipe coverings.

Landlord Responsibilities for Asbestos in New Hampshire

New Hampshire landlords are responsible for providing safe and habitable housing, including addressing serious health hazards like asbestos exposure. This duty is outlined under the New Hampshire Residential Rental Agreements Act (RSA 540-A)^[1].

Landlords must not knowingly expose tenants to hazardous conditions, including dangerous levels of asbestos.
If a landlord is aware of the presence of friable (easily crumbled) asbestos, they must take steps to remediate, contain, or remove it according to safety laws.
Under federal law, tenants must be notified of asbestos hazards if renovation or demolition is planned.^[2]

If you believe asbestos is putting your health at risk, you have rights as a renter to request investigation and repairs.

Your Rights When Asbestos Is Suspected

If you suspect your rental unit contains asbestos, you have the right to:

Ask your landlord if any asbestos is present or if an inspection has been conducted.
Request repairs or remediation if you notice damaged insulation, tiles, or materials that may contain asbestos.
Submit a written complaint to your landlord to document your concern.
Contact state or local health authorities if you believe the hazard is not being addressed.

Tip: Always keep records of your communications with your landlord, including copies of written requests or complaints.

How to Report Asbestos Issues or File a Complaint

If your landlord does not respond to your concerns or refuses to address asbestos hazards, you can take these steps:

Contact the New Hampshire Department of Environmental Services (NHDES) for asbestos safety standards and complaint procedures. Visit their Asbestos Management Program.
In urgent cases, report the concern to your local health officer. Find your health officer through the New Hampshire Department of Health and Human Services.

Relevant Forms for New Hampshire Renters

Landlord/Tenant Complaint Form
When to Use: If your landlord fails to address major safety hazards after your written request.
How to Use: Fill out the form and submit it to the New Hampshire Circuit Court — Landlord and Tenant Division.
Download the official Landlord/Tenant Complaint Form (DCe-310).
Request for Repairs/Notice to Landlord
When to Use: Before filing a complaint, provide a written request for repairs. There is no "official" state form, but a sample notice can be found via the NH Legal Aid website. Always keep copies.

For more about official forms and relevant procedures, review the detailed instructions from the Landlord and Tenant Division of New Hampshire Circuit Court.

What Tribunal Handles Tenant-Landlord Disputes?

The Landlord and Tenant Division of the New Hampshire Circuit Court handles disputes related to rental conditions, including unresolved safety complaints such as those involving asbestos.^[3]

Summary: Protecting Yourself from Asbestos Hazards

Proactively communicating with your landlord and using state resources ensures your rental is safe and healthy. The law is on your side—know your rights and act when needed.

Frequently Asked Questions

How do I know if my unit has asbestos?
Older buildings (built before 1980) may contain asbestos. Ask your landlord about inspections or hire accredited professionals for testing. Visible damage to insulation, ceiling tiles, or pipe wrapping could be signs.
Can I withhold rent if my landlord refuses to fix asbestos issues?
No, New Hampshire law does not allow rent withholding without court approval for repairs. Instead, follow proper complaint procedures and seek court or health department intervention if necessary.
Who do I report asbestos hazards to if my landlord ignores my request?
Report concerns to your local health officer or the New Hampshire Department of Environmental Services. If unresolved, you can bring a case to the New Hampshire Circuit Court — Landlord and Tenant Division.
Is my landlord required to notify me if asbestos is present?
Landlords must notify tenants before renovations that may disturb asbestos, but there is no general state requirement to disclose known asbestos unless it is a hazard.
What are the health risks of living with damaged asbestos?
Exposure to disturbed asbestos fibers can increase risks of lung disease, cancer, and other serious respiratory problems. Prompt action and remediation are important for your safety.

Conclusion: Key Takeaways for Renting with Asbestos Concerns

New Hampshire law requires safe and habitable rentals—this includes addressing asbestos hazards.
Communicate in writing and keep records if you suspect asbestos is present. File official complaints if issues go unresolved.
Multiple resources, forms, and state agencies can help protect renters from unsafe conditions.

Need Help? Resources for Renters

New Hampshire Circuit Court — Landlord and Tenant Division: For filing complaints and dispute resolution.
NH Department of Environmental Services — Asbestos Management Program: Guidance and complaint contacts.
NH Legal Aid: Free legal help and renters’ guides for tenant rights.
Local Health Officers: Health and safety enforcement contacts in your area.